Legal Question in Wills and Trusts in California
Selling of Property
My mother passed away 5-00 and my sister and I cannot get our younger sister to move out of the house so we can sell it. Is there any legal way of removing her from the house? If so, how do we go about it? Thanks for your help.
1 Answer from Attorneys
Re: Selling of Property
You did not tell me who owns the house? Did your mother leave it to the 3 of you in equal shares by a will or trust? Did she even have a will or trust? Was there a probate? Assuming that the title is settled by some type of testamentary document signed by your mother, you can file a special type of lawsuit for "Partition". That will force the sale of the house. Since it takes a while for the court to act on your suit, you will also have to file for a preliminary injunction to request the court order your sister out of the house, or to pay rent and not interfere with the sale of the house.
It is virtually impossible to lose a suit for partition. Hopefully your sister will hire an attorney who will explain that to her and she will then cooperate.
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